BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM VAZHUTHACAUD, THIRUVANANTHAPURAM. PRESENT SRI. G. SIVAPRASAD : PRESIDENT SMT. BEENAKUMARI. A : MEMBER SMT. S.K.SREELA : MEMBER O.P. No. 241/2005 Filed on 07.07.2005 Complainant:
G. Lancy Bhai, Swarnalaya, Pallimukku, Peyad P.O, Thiruvananthapuram. (By adv. K.P. Shibi)
Opposite parties:
Kerala Water Authority represented by its Managing Director. Executive Engineer, Water Supply Division, Aruvikkara. Assistant Executive Engineer, Water Supply Sub Division, Nedumangadu.
(By adv. V.S. Hareendranath)
This O.P having been heard on 19.01.2009, the Forum on 28.02.2009 delivered the following: ORDER SRI. G. SIVAPRASAD: PRESIDENT The facts leading to the filing of the complaint are that complainant is a consumer of opposite parties vide consumer No. VP 504, that complainant was in the remittance of water charges as per the invoice card from 1994 onwards, that from 1997 onwards complainant was remitting water charges every year as advance and was enjoying the benefit of 5% concession under a scheme of the opposite parties, that the remittance was continued till 2003, that on 07.08.2003 when the complainant approached the opposite parties to remit water charges, the opposite parties refused to receive the amount on the ground that there were arrears to be paid and unless the same was cleared off no further remittances would be permitted, and that complainant filed a petition before the 2nd opposite party, in response of which complainant received a letter dated 20.02.2004 from the 3rd opposite party asking him to remit Rs. 3638/- as arrears on or before 28.02.2004. Opposite parties never informed or issued notice to the complainant claiming any arrears due till 07.08.2003. Though meter readings were taken and recorded the opposite parties failed to state there were any arrears till 07.08.2003. The amount of arrears as claimed is without any justification. The meter readings were taken at irregular intervals without any criteria of time. The failure of opposite parties to issue arrear bill if any within the time specified would amount to gross negligence and deficiency in service. Hence this complaint to quash the erroneous bill and to allow the complainant to make regular payments and to direct the opposite parties to pay compensation and costs. Opposite parties entered appearance and filed version contending that the complaint is not maintainable either in law or on facts, that the remittance of water charges was on the basis of provisional invoice card that complainant had remitted water charges upto 07.08.2003, that complainant was not prepared to remit the arrears even after repeated requests. The water meter installed in the premises of the complainant is in perfect working condition and arrears to be remitted is arrived at only on the basis of meter reading. There is no deficiency in service on the part of opposite parties. The meter readings were taken from time to time. The consumer had not responded to the arrear bills and the complainant was not prepared to remit the arrears. All the contentions raised in the complaint are baseless. Complainant is not entitled to get any reliefs from the opposite parties. There is no deficiency of service on the part of opposite parties. Hence opposite parties prayed for dismissal of the complaint. The points that arise for consideration are:- Whether the complainant is liable to pay the arrear amount? Whether there has been deficiency in service on the part of opposite parties? Reliefs and costs.
In support of the complaint, complainant has filed affidavit and Exts. P1 to P5 were marked. In rebuttal, 2nd opposite party has filed affidavit. Opposite parties did not file any documents. Points (i) to (iii):- Admittedly, complainant is a consumer of opposite parties vide consumer No. VP 504 and complainant had remitted water charges as per Provisional Invoice Card upto 07.08.2003. It has been the case of the complainant that complainant was remitting water charges on annual basis as advance as per revised rate from time to time as and when required by opposite parties and enjoying the benefit of 5% concession under a scheme provided by the opposite parties, that on 07.08.2003 when the complainant approached the opposite parties to remit the water charges, the opposite parties refused to receive the amount, that complainant was told that there were arrears to be paid and unless the same was cleared off no further remittance will be permitted and that opposite parties did not provide her with any details as to the exact amount of arrears. Submission by the complainant is that complainant filed a petition dated 27.01.2004 before the 2nd opposite party, thereupon complainant received a reply dated 20.02.2004 from the 3rd opposite party asking her to remit Rs. 3,638/- as arrears on or before 28.02.2004. It has been rebutted by the opposite parties by submitting that the PIC rate is the minimum whereas the arrears to be remitted is calculated based on the meter readings which the consumer is legally bound to remit, that the complainant was informed of the arrears to be remitted upto 07.08.2003 on several occasions, but complainant was not prepared to remit the arrears even after repeated requests. Ext. P1 series are provisional invoice cards. As per provisional invoice cards, the consumer No. is VP 504, water charges are seen revised from Rs. 24/- to Rs. 62/- and water charges as per revised rates are seen remitted by the complainant upto 07/03, which is admitted by opposite parties in their affidavit also. Ext. P2 is the consumer's meter card. On a perusal of Ext. P2 it is seen that meter readings were taken on 20.06.1997, 07/98, 07/99, 07/00, 10/00, 12/02, 08/03, 01/04, 11/04 and 03/05. It is pertinent to note that as per provisional invoice cards (Ext.P1) the amount indicated for monthly payment is only provisional. The actual amount due will be ascertained on reading the meters and necessary adjustment bill showing amounts due to/from the consumer will be sent once in six months. In this context, submission by the complainant that the meter readings were taken at irregular intervals is correct. Ext. P3 is the letter dated 27.01.2004 addressed to 2nd opposite party by the complainant. Ext. P5 is the reply with statements issued by the 2nd opposite party to the complainant in response to Ext. P3, asking her to remit Rs. 3,638/- as arrears on or before 28.02.2004. As per provisions of Water Supply Regulation adjustment bill showing the amount due will be sent to the consumer once in six months. Submission by opposite parties is that the complainant was informed of the arrears to be remitted upto 08/03 on several occasions. Opposite parties did not furnish any document showing the issuance of adjustment bills prior to 20.02.2004 (Ext. P4) as per the provisions of Water Supply Regulations. Submission by the complainant is that though meter reading was taken and recorded, opposite parties never issued any notice or adjustment bills showing arrears prior to 20.02.2004. Without issuing the adjustment bills immediately after the meter readings and claiming arrears after a lapse of 9 years in a single stretch will be against the provision 13 of the Water Supply Regulations. This would amount to deficiency in service. As per Ext. P1 Provisional Invoice Cards, complainant had remitted provisional monthly amount upto 07/03. Meter readings were taken on 07/00, 10/00, 12/02 and on 08/03, but no adjustment bills were seen issued immediately thereafter till the date of filing of this complaint. In view of the foregoing discussions, we are of the considered opinion that claiming of arrear amount if any prior to 08/03 is against the provisions of Kerala Water Supply Regulations and hence we find complainant is not liable to pay arrear amount prior to 08/03. Complainant was not a defaulter of payment till 07/03. Complainant has no dispute regarding meter reading as shown in Ext. P2 consumer's meter card. Complainant is liable to pay water charges from 08/03 onwards on the basis of meter reading as shown in Ext. P2 consumer's meter card. In the result complaint is allowed. Opposite parties' claim of arrear amount of water charges prior to 08/03 is hereby quashed. Complainant shall remit water charges on the basis of meter readings as shown in Ext. P2 consumer's card from 08/03 onwards. There will be no compensation and cost in facts and circumstances of the case. A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room. Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the day of 28th February 2009.
G. SIVAPRASAD, President. BEENAKUMARI. A : MEMBER
S.K. SREELA : MEMBER O.P. No. 241/2005 APPENDIX I COMPLAINANT'S WITNESS : PW1 - Lancy Bhai II COMPLAINANT'S DOCUMENTS :
P1 - Provisional Invoice Card dated 01.11.1994 of Con. No. VP series 504 P2 - Consumer's meter card with date of connection 10.10.2004. P3 - Copy of letter dated 27.01.2004 issued by opposite party to the complainant.
P4 - Letter dated 20.02.2004 issued to the complainant by the opposite party.
P5 - Copy of appeal petition dated 27.02.2004 filed by the complainant.
III OPPOSITE PARTY'S WITNESS : NIL IV OPPOSITE PARTY'S DOCUMENTS : NIL
PRESIDENT
......................Smt. Beena Kumari. A
......................Smt. S.K.Sreela
......................Sri G. Sivaprasad | | 
